Illegal Search and Seizure

Search and seizure by law enforcement in any type of criminal case can lead to evidence which can convict one. Evidence gained may be various drugs, drug paraphernalia, open containers, computers and computer files, personal records, weapons, and any other material which can be used to charge or convict someone of a crime. When these searches and seizures are not done according to proper procedure, however, the evidence taken can be thrown out of court. Law enforcement, often in their zealousness to bring justice, oversteps their bounds with illegal searches and seizure.

Citizens of this country are protected against illegal search and seizure under the Constitution. Certain procedures must be adhered to on this issue for law enforcement to search you, your home, your business, or any other area under your control. The Fourth Amendment of the Constitution protects individuals from unreasonable search and seizure. Law enforcement must have probable cause, which means they believe you committed a crime and by getting a search warrant issued by a judge, they believe they will find the evidence to back up their claims. Written statements, otherwise known as affidavits, are presented to the judge containing the observations of police officers or other witnesses which point to the likelihood of criminal activity. A search warrant is then issued which allows law enforcement to conduct a search for specific evidence at a specific location for a specified period of time.

Los Angeles Criminal Defense Attorney

If you believe your rights under the Fourth Amendment have been violated as part of a criminal investigation, you should speak to a qualified attorney who can investigate the situation and take legal action in your defense. At the law firm of Martinian & Associates, you can rely on the skill and relentless commitment of two attorneys who will fight vigorously against such violations.